HomeMy WebLinkAboutAGR-6482.A - RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT - POLICE OPERATIONS AND PROTOCOL AGREEMENT - JAN 30, 2024PAR-14gR-A
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RANCHO SANTIAGO 2323 North Broadway • Santa Ana,CA 92706-1640 • (714)480-7300 • www.rsccd.edu
Community- College District Santa Ana College • Santiago Canyon College
POLICE OPERATIONS AND PROTOCOL AGREEMENT
1. PARTIES
This Police Operations and Protocol Agreement ("Agreement") is between the Rancho Santiago
Community College District ("District") acting by and through the Chancellor of the Rancho
Santiago Community College District, and the City of Orange ("City") acting by and through the
Chief of the Orange Police Department ("Police"). The District and the Police may be referred to
herein individually as "Party," and collectively as "Parties."
2. RECITALS This Agreement is based on the following factual recitals:
a) WHEREAS,the Parties have a history of working cooperatively when necessary to
protect the health, safety, and welfare of members of the Rancho Santiago Community College
District Community; and
b) WHEREAS,the Parties share the goal of preventing violent crimes including sexual assault
at the District and in the community, and responding appropriately to victims of these crimes; and
c) WHEREAS,the Parties believe that having a partnership can strengthen,and help sustain,
their mutual efforts to prevent and effectively respond to sexual assault and other crimes using a
fair, victim centered,and trauma-informed approach; and
d) WHEREAS,the District has legal obligations under Title IX of the Higher Education Act
Amendment of 1972 ("Title IX")to take prompt and effective action in response to allegations of
sexual assault involving members of its colleges, including Santiago Canyon College (collectively
referred to hereafter as"College")and the Rancho Santiago Community College District Community
who may be the victim,alleged perpetrator, or witness to alleged conduct;and
e) WHEREAS,the District has related obligations under the Jeanne Clery Disclosure of Campus
Security Policy and Campus Crime Statistics Act("Clery Act")and the Education Code; and
f) WHEREAS,the Parties desire to clarify how they may cooperate and collaborate in certain
circumstances as described herein.
3. TERM
The term of this Agreement shall commence on January 30,2024 and shall continue up and through
January 29,2029, unless terminated according to the provisions of this Agreement.
BOARD C.- 1RIJSi=ES
Tina Arias Miller, Ed.D. •David Crockett •John R.Hanna•Zeke Hernandez$Sal Tinajero Daisy Tong •Phillip E.Yarbrough
CHAN L_t:;R.
Marv!n Martinez
4. AUTHORITY
This Agreement, in part, is in compliance with the Kristen Smart Campus Safety Act of 1998,
specifically, Education Code Section 67381(b), which requires agreements between community colleges
and local law enforcement agencies which "clarify operational responsibilities for investigation of Part I
violent crimes, sexual assaults, and hate crimes occurring on or near campus". Education Code Section
67381(c) provides that "local law enforcement agencies shall enter into written agreements with campus
law enforcement agencies".
5. PURPOSES
The purposes of this Agreement are to clarify police jurisdiction and procedures to facilitate cooperation
between the Parties and to promote compliance with the numerous state and federal laws related to these
issues such as those set forth in Education Code Sections 67380 et seq., the Clery Act,and Title IX. This
Agreement also will ensure the proper reporting of all violent crimes and any property crime occurring
on or near the District's campuses or centers.
6. DEFINITIONS Within this agreement. the following definitions apply:
a) "Part I violent crimes," means willful homicide, forcible rape,robbery,and aggravated assault,
as set forth in Education Code Section 67381(i)(2).
b) "Hate Crime"means any offense described in Penal Code Section 422.55.
c) "Sexual Assault includes, but is not limited to, rape, forced sodomy, forced oral copulation,rape
by foreign object, sexual battery,or threat of any of these, as set forth in Education Code
Section 67381(i)(4).
d) "Part I Property Crime" includes arson,burglary, larceny-theft,and motor vehicle theft, as
defined in the Uniform Crime Reporting Handbook of the Federal Bureau of Investigations.\
7. ,IIIRISDICTION
The Parties understand that under Education Code Section 67381(a),"campus law enforcement agencies
have the preliminary authority for providing police or security services, including investigation of
criminal activity, to their campuses." This provision notwithstanding, the Police are responsible for all
law enforcement and criminal investigative activities at the District that involve Part I crime (including
violent or property crime),hate crime,or sexual assault,and any reported property crime. In compliance
with Education Code section 67380(a)(6)(A), the District will, as soon as reasonably practical, notify
Police of any such crime that occurs on or near District facilities. Pursuant to the Education Code
section 67381(d), attached hereto as exhibit "A" are descriptions and maps setting forth the
geographical boundaries of the District's facilities within the meaning of the Clery Act. The addresses
are noted below.
a) Santiago Canyon College, 8045.E. Chapman Avenue, Orange, CA 92869
b) Orange Education Center, 1937 W.Chapman Avenue, Orange, CA 92868
c) College and Workforce Preparation Center, 1572 N. Main Street, Orange, CA 92867
8. CONFIDENTIAL REPORTING
Pursuant to Education Code Section 67380(a)(6)(A),the Parties understand that the District shall require
any report made by a victim or an employee of a Part I violent crime, sexual assault, or hate crime,
received by a District security authority and made by a victim for purposes of notifying the District or
the Police to be immediately, as soon as practicably possible, disclosed to the Police without identifying
the victim, unless the victim consents to being identified after the victim has been informed of his or her
right to have his or her personal identifying information withheld. If the victim does not consent to being
identified, the alleged assailant shall not be identified in the information disclosed to the local law
enforcement agency, unless the District determines both of the following, in which case the District shall
disclose the identity of the alleged assailant to the Police and shall immediately inform the victim of that
disclosure: (a) The alleged assailant represents a serious or ongoing threat to the safety of students,
employees, or the District; and (b) The immediate assistance of the Police is necessary to contact or
detain the assailant.
9. CLERY ACT: TIMELY WARNING an I _MERGENCY NOTIFICATIONS
The Parties agree to coordinate the sharing of information about reported crimes in order to facilitate
legal obligations of the District to issue Timely Warnings and Emergency Notifications pursuant to the
Clery Act.
10. CONFIDENTIALITY
The Parties will comply with applicable law and guidance regarding anonymous and confidential
reporting of sexual assault and other crimes, including when, how, and what information can or must be
disclosed to Police or to designated District officials. Each Party shall maintain the confidentiality of any
information discovered through investigation of alleged criminal offenses, including the confidentiality
of the victim,to the extent authorized by applicable state and federal law, and at victim request.
11. INFORMATION SHARING
a) The Parties agree to confer and cooperate,to the extent permitted by law,regarding incidents of
sexual assault and other crimes involving victims who are District or College students,
employees, guests,or visitors.
b) The Police agree to notify the District promptly when it becomes aware that a District or
College student,employee, guest, or visitor is identified as the victim or alleged perpetrator of a
sexual assault,hate crime, or Type I violent crime, so as to coordinate resources to minimize
and prevent further victimization,to trigger appropriate institutional investigative action, and to
adequately inform the District of serious ongoing threats to health and safety.
c) Upon request,the Parties will provide one another with information and records to the extent
allowed or required by federal, state,or local law,rules, and regulations as well as in
accordance with applicable Police or District policy.
d) Nothing in this Agreement shall be construed as requiring the Police to share information if the
Police reasonably believe that doing so would jeopardize its criminal investigation or would
violate law or policy.
12. REPORTING and ASSISTANCE
a) The Police will provide reasonable assistance as requested by the District relating to matters of
Public Safety,maintenance of order beyond the control of the District, and investigation of Part I
Crimes at District locations and facilities as specified above.
b) Where legally and operationally expedient,members of the Police initiating criminal or civil
process (i.e., criminal investigations,arrests, service of arrests warrants, criminal summons,
peace/protective orders,and search warrants)on District's campus(es)will inform the Chief of
District Safety at the earliest practical opportunity following the activity.
c) The Police will work with the District to review emergency plans and to provide training when
reasonable and practical.
d) Significant crimes which occur off-campus,but which pose a serious or continuing threat to the
District Community will be reported to the Chief of District Safety as soon as practicable.
e) The Police agree and understand that regardless of whether a victim of sexual assault consents to
disclosure of his or her identity, he or she has the right to a sexual assault forensic medical
examination at no cost,and has the right to participate or not in the criminal justice system, and
if he or she does participate in the criminal investigation or prosecution, he or she may do so
through a pseudonym.
fJ For any crime, including crimes of sexual assault,the Police will be the lead agency for the
criminal investigation,prosecution, and the interpretation of forensic evidence.The Parties shall
be cognizant of the objective of not forcing a victim to give multiple statements about a
traumatic event,the Police shall keep the District informed about the status of the investigation,
and prosecutions for crimes committed on or near campus or involving the College or District
Community.
g) The Police agree to provide crime data to the District related to crimes occurring on or near the
District's property, on a regular basis,at the request of the District, in order for the District to
comply fully with the Clery Act.
13.SEXUAL ASSAULTS
a) The Police agree to collaborate with the District as appropriate when responding to allegations
of sexual assault involving one or more members of the District Community along the lines set
forth in this Section of the Agreement.
b) The Police agree to also offer victim advocacy resources to victims of sexual assault, and with
the victim's consent,to coordinate referrals for support services with the District and College.
c) The Police will ensure that officers who respond to reports of sexual assault receive trauma-
information and sexual assault training that teaches officers to encourage reporting,while also
empowering victims to make their own choices about what course of action to pursue. This will
include training regarding interviewing in an effective and bias free manner, including forensic
interviewing and evidence gathering techniques, as well as trauma informed and bias-
free investigative skills that emphasize avoiding questions and behaviors that may contribute to
the re-victimization of a victim or witness.
d) If requested by the Police as necessary to prevent interference with a criminal
investigation, the District agrees that it may need to temporarily delay the fact-finding portion
of an investigation while the Police is gathering evidence. Once the Police notifies the District
that it has completed its gathering of evidence, the District will promptly resume fact-finding.
However, the Police understands and agrees the District may need to take immediate interim
action to protect the victim and or to keep the District safe.
e) The parties agree to support and participate in existing interdisciplinary sexual assault response
teams.
f) The Police agree that no officer or responding individual for the Police will make statements or
act in any manner that directly or indirectly discourages the victim from pursing criminal
charges.
g) The District will ensure that victims know of the right to report sexual assault to the Police and
will assist victims who wish to report to do so promptly, in order to facilitate preservation of
evidence and an effective response by trained criminal investigators.The District agrees that
when sexual assault is reported to the District,the District will notify the victim of their reporting
options, including the right to file a Title IX compliant with the District and his or her right to
file a criminal complaint, as well as his or her right to decline to notify the Police.The District
will provide the victim with information on how to file Title IX and criminal complaints and will
neither dissuade nor require the victim to make a criminal complaint.
h) The Parties agree that in the immediate aftermath of a sexual assault,a victim should be directed
to, and receive assistance to access services, including referrals to counseling,a health
examination,and with the victim's consent, a Sexual Assault Forensic Exam(SAFE), at no cost
to the victim and irrespective of whether the victim engages with law enforcement. If the victim
does engage with law enforcement and is transported to a hospital for a medical evidentiary or
physical exam,the Parties acknowledge that the Police must notify a rape crisis counselor
immediately. The Parties agree that under all circumstances in which the victim consents to a
medical exam and a SAFE Exam,the Police will provide transportation if requested. If the
victim declines Police transportation, or if the victim reports to a medical facility,the Police will
respond to the medical facility and will contact a local rape crisis center to respond to the
medical facility as well. With the consent of the victim,the medical facility can contact a local
rape crisis center to respond to the medical facility to provide support to and advocacy for the
victim. The Police will pay for the SAFE exam, and the Parties agree that the Police will not
directly or indirectly pressure the victim to report the offense. The Parties agree to ensure the
timely and proper collection of evidence,when the victim has made a report to the Police and
agree that the collection of evidence will not violate the victims'request for confidentiality. The
victim can be encouraged to report the incident in order to permit the Police to make a timely
seizure of evidence even if the victim later chooses not to proceed with criminal charges. The
Police also agree to collect, properly package, and maintain evidence by booking it into the
property room of the Police to preserve the chain of custody and to take appropriate steps to
preserve fragile or biological evidence or other evidence at risk of destruction. When a SAFE
exam is completed, the Police will collect the SAFE kit, submit it to the appropriate crime lab
for analysis pursuant to California law, and ensure the proper handling, proper custody and
proper control of all collected evidence.
14. CRIME TRENDS
a) The District is required by the Clery Act to collect and publish statistics for reports of certain
crimes, including crimes that occur on and near campus.As part of that obljption,the
District hereby requests crime statistics from the police annually. The Police agree to continue
to cooperate with the District and undertake reasonable efforts to respond to requests for
additional crime statistic requests.
b) The Police agree to keep the District informed about current trends and patterns in sexual
assault, Part I violent crimes, and hate crimes by sharing data and analysis.
c) The Parties acknowledge that the District is required by federal law to always to have an
emergency notification process to alert the campus community about significant
emergencies or dangerous situations that pose an immediate threat to the health and safety of
students or employees occurring on campus. The District is also required by federal law to
issue timely warnings to alert the campus community about certain crimes in a manner that
is timely and will aid in the prevention of similar crimes. Timely warnings must be issued
for crimes that represent a serious or continuing threat to students.
d) If the Police become aware of a significant emergency or dangerous situation that poses an
immediate threat to the health and safety of the District's students or employees,or becomes
aware of a crime that represents a serious or continuing threat to the District's students or
employees,the Police will notify the District,as soon as possible, so the District can
determine whether an emergency notification or timely warning should be issued by the
District.
e) The Parties understand the District's obligations to make crime information available
pursuant to Education Code Section 67380(a)(3).
15. TRAINING AND OUTREACII
a) The Parties agree to meet and confer to provide education and training opportunities of
interest to the Parties. The District will coordinate with the Police to implement training and
education opportunities,taking into account the availability of the Police,the District, and
other resources.
b) The Parties will endeavor to hold at least annual meetings to review the effectiveness of their
collaboration. The District will take the lead in setting up these meetings.
c) The Parties agree to engage in outreach to the campus community to promote positive
working relationships between law enforcement and students,employees,and other
stakeholders, as agreed by Parties.
16. MISCELLANEOUS
a) No Provision of this Agreement shall form a basis of a cause of action at law or equity by
either Party against the other Party,nor shall any provision of this Agreement form the basis
of a cause of action at law or equity by a third party.
b) The Parties shall indemnify,defend and hold harmless the other party's, elected and
appointed officers, including the District's Board of Trustees, employees,and agents from and
against any and all liability, including but not limited to demands, claims,actions,fees,costs,
and expenses(including attorney and expert witness fees),arising from or connected with the
acts and/or omissions arising from and/or relating to this Agreement.
c) Either Party may terminate this Agreement upon 30 days'notice.This Agreement may be
amended or terminated only by mutual agreement of the Parties. An amendment or
termination must be in writing.
d) Written notices to the Chief of the Orange Police Department shall be sent by registered or
certified mail,postage prepaid and addressed to said party at 1107 N.Batavia Street,Orange,
CA 92867. Written notices to the Chancellor of the Rancho Santiago Community College
District shall be sent by registered or certified mail,postage prepaid and addressed to said party
at 2323 N Broadway,Santa Ana, CA 92706, or to such other addressee as designated by the
District.
IN WITNESS WHEREOF, the City of Orange and Rancho Santiago Community College District
cause this Agreement to be entered into on their behalf by their duly authorized employees or
officers the day, month and year first written above.
CITY F ORANGE
WOa(BY: 02
City A torney) Mike. ot+o- DATE 1
7f/BY: • OVZ
City Man er,'T"ho Qs C. k<is la- DATE
BY: 144
Chief of Police, carnS DATE
RANCHO SANTIAGO COMMUNITY COLLEGE DISTRICT
BY: ....94e12(°Z I/ .Z '
Vice Chancellor, iness Services DATE /
CITY OF ORANGE
ATTEST:
City Clerk, Pamela Coleman